Preview
Filed
11 Ma 26 P12:57
Gary Fitzsimmons
District Clerk
Dallas District
CAUSE NO. 10-01167
SIERRA INVESTMENT ASSOCIATES, § IN THE DISTRICT COURT OF
Plaintiff,
Vv.
WILSON OFFICE INTERIORS, LLC,
ROBERT BLOMSTROM,
298" JUDICIAL DISTRICT
Defendants/Cross-Claimants,
Vv.
B. DONALD HILL, JR. and
THE WILSON GROUP, LTD.,
Defendants/Cross-Defendants. DALLAS COUNTY, TEXAS
WILSON OFFICE INTERIORS, LLC’S MOTION TO
COMPEL DOCUMENT PRODUCTION FROM PLAINTIFF
Wilson Office Interiors, LLC (“Wilson Office”), a Defendant in the above-entitled and
numbered cause, files its Motion to Compel Document Production from Plaintiff (hereinafter the
“Motion”). Defendant would respectfully show the Court the following:
I
DOCUMENT PRODUCTION
1 Defendant Wilson Office Interiors, LLC served Plaintiff with its First Request for
Production to Plaintiff Sierra Investment Associates on January 21, 2011. Plaintiff served its
responses on February 21, 2011. The Request for Production and Responses are attached hereto
as Exhibits “A” and “B.” In response to requests Nos. 1-8, 11 and 12, Plaintiff stated “Sierra will
provide documents responsive to this request.”
2 In its First Request for Production to Plaintiff Sierra Investment Associates, Wilson
WILSON OFFICE’S MOTION TO
COMPEL DOCUMENT PRODUCTION FROM PLAINTIFF Page 1
Office requested that the documents be produced in the office of its counsel, Gibson, McClure,
Wallace & Daniels, after the expiration of 30 days. Plaintiff objected in its responses and stated
(inexplicably), that Wilson Office had not provided a time and place for production. Plaintiff
stated it would produce the original documents in the office of its counsel, Glast, Phillips &
Murray at 10:00 a.m. on March 14, 2011. This was not a date or time that had been mutually
agreed upon. Counsel for Wilson Office was in fact out of town on vacation the entire week of
March 14, 2011. Counsel was provided a vacation letter stating this prior to March 14, 2011.
3 On May 9, 2011, counsel for Wilson Office sent a letter to Plaintiff counsel stating she
was available on May 13, 2011 at 2:00 to inspect the documents. This letter is attached as
Exhibit “C.”
4. On May11, 2011 Plaintiff counsel sent a letter in which he stated that the documents
would not be produced on May 13, 2011, and that a “re-gathering fee” would be charged due to
the fact that Wilson Office counsel did not show up on his March 14, 2011 date. See Exhibit
“—D.”
5 On May 13, 2011, counsel for Wilson Office sent a letter reminding Plaintiff counsel she
had been on vacation March 14, and objected to the re-gathering fee. Counsel stated she was
available every day the following week (May16-20) and requested that Plaintiff provide a
mutually agreeable date and time to inspect the documents. See Exhibit “E.”
6 On May 18, 2011, counsel for Wilson Office sent another letter requesting dates to
inspect the documents and also providing a certificate of conference for a motion to compel the
production. See Exhibit “F.”
7 Plaintiff counsel ignored all of the above requests and never provided any available dates
and times for the production of the documents.
WILSON OFFICE’S MOTION TO
COMPEL DOCUMENT PRODUCTION FROM PLAINTIFF Page 2
WHEREFORE, Defendant Wilson Office Interiors, LLC prays that the Court grant its
Motion to Compel Document Production from Plaintiff, and that the Court order that Defendant
be reimbursed by Plaintiff for all costs incurred in preparing this Motion and attending a hearing
on same, and for such other and further relief to which the Defendant may be justly entitled.
Respectfully submitted,
GIBSON, McCLURE, WALLACE
& DANIELS, L.L.P.
C
‘ade L. McCh
Texas Bar No. 13428700
Evelyn A. Yaeger
Texas Bar No. 00789740
8080 N. Central Expressway
Suite 1300, LB 50
Dallas, Texas 75206-1838
(214) 891-8040 Telephone
(214) 891-8010 Facsimile
Jean A. Hobart
Texas Bar No. 09736620
Tucker, Ellis & West, LLP
515 South Flower Street, 42nd Floor
Los Angeles, California 90071
(213) 430-3400
(213) 430-3409 Telecopy
ATTORNEYS FOR DEFENDANTS
WILSON OFFICE INTERIORS, LLC AND
ROBERT BLOMSTROM
WILSON OFFICE’S MOTION TO.
COMPEL DOCUMENT PRODUCTION FROM PLAINTIFF Page3
CERTIFICATE OF CONFERENCE
Counsel for movant has contacted counsel for Plaintiff regarding the issues presented in
this motion on May 9, May 13, and May 18 via the attached correspondence and has not been
able to resolve the matter.
A
Evelyn A. Yaeger
CERTIFICATE OF SERVICE
Thereby certify that on this 26" day of May, 2011, a true and correct copy of the
foregoing instrument was forwarded via facsimile to the following:
L. Randall Yazbeck
5050 Quorum Drive
Suite 140
Dallas, Texas 75254
Charles C. Frederiksen
Glast, Phillips & Murray
14801 Quorum Drive, Suite 500
Dallas, Texas 75254
John Helms
Helms, Johnson & Diaz
660 N. Central Expressway
Suite 560
Dallas, Texas 75206
R. Ritch Roberts, II
R. Ritch Roberts, P.L.L.C.
9090 Skillman St., Suite 182-A310
Dallas, TX 75243-8262
velyn A. ‘aegel
WILSON OFFICE’S MOTION TO
COMPEL DOCUMENT PRODUCTION FROM PLAINTIFF Page 4
—
oO 7 RLS
CAUSE NO. 10-01167
SIERRA INVESTMENT ASSOCIATES, § IN THE DISTRICT COURT OF
Plaintiff,
Vv.
WILSON OFFICE INTERIORS, LLC,
ROBERT BLOMSTROM,
298" JUDICIAL DISTRICT
Defendants/Cross-Claimants,
Vv.
B. DONALD HILL, JR. and
THE WILSON GROUP, LTD.,
Defendants/Cross-Defendants. DALLAS COUNTY, TEXAS
DEFENDANT WILSON OFFICE INTERIORS, LLC’S FIRST REQUEST FOR
PRODUCTION TO PLAINTIFF SIERRA INVESTMENT ASSOCIATES
TO: Plaintiff, Sierra Investment Associates, by and through its attorney of record, Charles C.
Frederiksen, GLAST, PHILLIPS & MURRAY,14801 Quorum Drive, Suite 500, Dallas,
Texas 75254.
You are hereby requested to produce the below listed documents and things at the offices
of Gibson, McClure, Wallace & Daniels, L.L.P., 8080 North Central Expressway, Suite 1300,
LB 50, Dallas, Texas 75206, within thirty (30) days following your receipt of this Request for
Production of Documents. This request is being made pursuant to Rule 196 of the Texas Rules
of Civil Procedure.
DEFINITIONS
A "Document" as used herein is defined to include any and all manner of written,
typed, printed, reproduced, filmed, or recorded material, and all photographs, pictures, plans, or
other representations of any kind of anything pertaining, describing, referring, or relating,
directly or indirectly, in whole or in part, to the subject matter of each paragraph of each request,
EXHIBIT
A
DEFENDANT WILSON OFFICE INTERIORS, LLC’S FIRST REQUEST FOR
PRODUCTION TO PLAINTIFF SIERRA INVESTMENT ASSOCIATES
O
and includes all papers, books, journals, ledgers, statements, memoranda, reports, invoices,
letters, correspondence, checks, purchase orders, summaries,
worksheets, transcriptions,
other form of communication or information recorded or
agreements, contracts, or any
ion, whether
reproduced. The term "document" also includes any former written communicat
sent or received, and all identical copies of originals.
Associates.
B “Plaintiff,” “Sierra,” “you,” and “your” means Sierra Investment
LLC.
Cc “Wilson Office” means defendant Wilson Office Interiors,
REQUEST FOR PRODUCTION
REQUEST NO. 1:
se to Wilson Office’s
1 Produce all documents that were identified by Plaintiff in respon
interrogatories served concurrently herewith.
RESPONSE:
REQUEST NO. 2:
Produce all documents thi at support your allegation in paragraph 4.2 of Count IV for
suffered and incurred
Breach of Contract in Plaintiff's First Amended Petition that Sierra
portions of improvements
damages in an amount exceeding $40,000 due to physical damage of
to the property and the mechanical and electrical systems.
RESPONSE:
REQUEST NO. 3:
sion in
Produce all documents that support your allegation in Count V for Conver
under his direction
Plaintiff's First Amended Petition that Robert Blomstrom and persons acting
and supervision took property of Sierra.
RESPONSE:
REQUEST NO. 4:
V in Plaintiff's First
Produce all photographs of the Sierra property you allege in Count
Amended Petition was taken by Robert Blomstrom ani d persons acting under
his direction and
supervision.
RESPONSE:
ST FOR
DEFENDANT WILSON OFFICE INTERIORS, LLC’S FIRST REQUE
PRODUCTION TO PLAINTIFF SIERRA INVESTMENT ASSOC IATES
u~
REQUEST NO. 5: : s, that support
Produce all documents, 1! including but not limited to receipts and/or invoice
d Petition that Sierra
your allegation in Count V for Conversion in Plaintiff's First Amende
suffered and incurred damages in an amount exceeding $2,000.
RESPONSE:
REQUEST NO. 6:
Produce all policies of insurance (including but not limited to the declarations pages) that
Sierra obtained to provide coverage from 1994 to January 31, 2008 for the subject premises
whose cost Sierra included as part of its claim for excess expenses, including but not limited to
the two State Farm policies which correspond to invoices produced by Sierra in this lawsuit.
RESPONSE:
REQUEST NO. 7:
d
Regarding paragraph 4.1 of Count IV for Breach of Contract in Plaintiff's First Amende
you contend
Petitio produce
n, all receipts and/or invoices not already produced in this action that
or comprise any amounts due and/or accrued by Sierra under the lease which
reflect, constitute
Sierra alleges are owed by any and/or both Defendants.
RESPONSE:
REQUEST NO. 8:
ed
Regarding paragrap! h 4.2 of Count IV for Breach of Contract in Plaintiff's FirstAmend
including but not limited
Petition, produce all photographs depicting any and all Sierra property,
the property, that you allege
to improvements and the mechanical and electrical systems serving
was physically damaged by any and/or both Defendants.
RESPONSE:
REQUEST NO. 9:
Produce a copy 0! f all written agreements with each of your attorneys of record in this
costs to represent Sierra in
action that reflect the terms for their providing services an d incurring
connection with this action.
RESPONSE:
ST FOR
DEFENDANT WILSON OFFICE INTERIORS, LLC’S FIRST REQUE
SIERRA INVES TMENT ASSOC IATES
PRODUCTION TO PLAINTIFF
of
u i AD
REQUEST NO. 10:
Produce all documents, including but not limited to invoices and/or account statements,
that reflect any and all fees and costs incurred by Sierra’s counsel of record in this action for
their representation of Sierra in this action.
RESPONSE:
REQUEST NO. 11:
Produce all documents, inclu ding but not limited to all writings and return receipts for
certified and/or registered mail, that relate to or reflect any and all notices, requests, demands or
other communications sent by Sierra to Wilson Office and/or Wilson Group regarding excess
expenses, maintenance, repairs, utilities, insurance and/or any amounts which Sierra contends
Wilson Group and/or Wilson Office owes Sierra in this action.
RESPONSE:
REQUEST NO. 12:
Produce all documents, including but not limited to all writings and copies of envelopes,
that show or reflect that Sierra also mailed to the subject premises a copy of all notices, requests,
demands or other communications sent by Sierra to either Wilson Office or Wilson Group
regarding excess expenses, maintenance, repairs, utilities, insurance, and/or any amounts which
Sierra contends Wilson Group and/or Wilson Office owes Sierra in this action.
RESPONSE:
DEFENDANT WILSON OFFICE INTERIORS, LLC’S FIRST REQUEST FOR
PRODUCTION TO PLAINTIFF SIERRA INVESTMENT ASSOCIATES
6
)
Respectfully submitted,
GIBSON, McCLURE, WALLACE
& DA TELS, L.L.P.
Evelyn A. Yaegi
Texas Bar No. 00789740
8080 N. Central Expressway
Suite 1300, LB 50
Dallas, Texas 75206 1838
(214) 891 8040
(214) 891 8010 Telecopy
Jean A. Hobart
Texas Bar No. 09736620
Tucker, Ellis & West, LLP
515 South Flower Street, 42nd Floor
Los Angeles, California 90071
(213) 430 3400
(213) 430 3409 Telecopy
CERTIFICATE OF SERVICE
the foregoing
Thereby certify that I have on this the 21st day of January, 2011, served a copy of
upon the following:
Via Hand Delivery Via Hand Delivery
L. Randall Yazbeck John Helms
5050 Quorum Drive Helms, Johnson & Diaz
Suite 140 660 N. Central Expressway
Dallas, Texas 75254 Suite 560
Dallas, Texas 75206
Via Hand Delivery
Charles C. Frederiksen
Glast, Phillips & Murray
14801 Quorum Drive, Suite 500
Dallas, Texas 75254
T FOR
DEFENDANT WILSON OFFICE INTERIORS, LLC’S FIRST REQUES
PRODUCTION TO PLAINTIFF SIERRA INVESTMENT ASSOC IATES
7 PEO Lie vil 2 VUE VEAL aM we v
XL?2
NO, DC-10-01167
SIERRA INVESTMENT ASSOCIATES, IN THE DISTRICT COURT OF
Plaintiff,
Vv. OF DALLAS COUNTY, TEXAS
WILSON OFFICE INTERIORS, LLC;
THE WILSON GROUP, LTD.; ROBERT
BLOMSTROM; B. DONALD HILL, JR.
Defendants. 298" JUDICIAL DISTRICT
PLAINTIF¥’S RESPONSES TO WILSON OFFICE
INTERIORS. LLC’S FIRST REQUEST FOR PRODUCTION
To: Defendants, Wilson Office Interiors, LLC, and Robert Blomstrom, by and through
counsel, Evelyn A. Yaeger, Esq., GIBSON, MCCLURE, WALLACE & DANIELS, LLP, 8080
North Central Expressway, Suite 1300, Dallas, Texas 75206; and Jean A. Hobart, Esq.,
Tucker, ELLIs & West, LLP, 515 South Flower Street, 42 Floor, Los Angeles,
California 90071.
COMES NOW Plaintiff Sierra Investment Associates (“Sierra”) and serves these
objections and responses to Wilson Office Interiors, LLC’s First Request for Production:
OBJECTION
Sierra objects to the request for inspection and copying set forth in Defendant’s request
on the basis that said request is not specific to time and place and thus, violates Rule 196.1(b).
Sierra will produce the original documents at the Law Office of GLAST, PHILLIPS & MURRAY
commencing at 10:00 a.m, on March 14, 2011.
EXHIBIT
1Oo
PLAINTIFF’S RESPONSES TO WILSON OFFICE
INTERIORS. LLC’S FIRST REQUEST FOR PRODUCTION Page1
eh Se Le AV TT ZOU MEANY I, oo » MN ‘ a
3
ad x 7
REQUESTS FOR PRODUCTION
REQUEST NO. 1. Produce all documents that were identified by Plaintiff in response to
Wilson Office’s interrogatories served concurrently herewith.
RESPONSE:
Sierra will provide documents responsive to this request.
REQUEST NO. 2. Produce all documents that support your allegation in paragraph 4.2 of
Count IV for Breach of Contract in Plaintiff's First Amended Petition that Sierra suffered and
incurred damages in an amount exceeding $40,000 due to physical damage of portions of
improvements to the property and the mechanical and electrical systems.
RESPONSE;
Sierra will provide documents responsive to this request.
REQUEST NO. 3, Produce all documents that support your allegation in Count V for
Conversion in Plaintiff's First Amended Petition that Robert Blomstrom and persons acting
under his direction and supervision took property of Sierra.
RESPONSE:
Sierra will provide documents responsive to this request.
REQUEST NO. 4. Produce all photographs of the Sierra property you allege in Count V in
Plaintiffs First Amended Petition was taken by Robert Blomstrom and persons acting under his
direction and supervision.
RESPONSE:
Sierra will provide documents responsive to this request.
REQUEST NO. 5. Produce all documents, including but not limited to receipts and/or
invoices that support your allegation in Count V for Conversion in Plaintiff's First Amended
Petition that Sierra suffered and incurred damages in an amount exceeding $2,000.
RESPONSE:
Sierra will provide documents responsive to this request.
PLAINTIFF’S RESPONSES TO WILSON OFFICE
INTERIORS. LLC’S FIRST REQUEST FOR PRODUCTION Page2
FEO Li LV J VVTTE MEANY Tf vee ~
% ?} J
REQUEST NO. 6. Produce all policies of insurance (including but not limited to the
declarations pages) that Sierra obtained to provide coverage from 1994 to January 31, 2008 for
the subject premises whose cost Sierra included as part of its claim for excess expenses,
including but not limited to the two State Farm policies which correspond to invoices produced
by Sierra in this lawsuit.
RESPONSE:
Sierra will provide documents responsive to this request.
REQUEST NO.7. Regarding paragraph 4.1 of Count IV for Breach of Contract in Plaintiff's
First Amended Petition, produce all receipts and/or invoices not already produced in this action
that you contend reflect, constitute or comprise any amounts due and/or accrued by Sierra under
the lease which Sierra alleges are owed by any and/or both Defendants.
RESPONSE:
Sierra will provide documents responsive to this request.
REQUEST NO. 8. Regarding paragraph 4.2 of Count IV for Breach of Contract in Plaintiff's
First Amended Petition, produce all photographs depicting any and all Sierra property, including
but not limited to improvements and the mechanical and electrical systems serving the property,
that you allege was physically damaged by any and/or both Defendants.
RESPONSE:
Sierra will provide documents responsive to this request.
REQUEST NO.9, Produce a copy of all written agreements with each of your attomeys of
record in this action that reflect the terms for their providing services and incurring costs to
represent Sierra in connection with this action.
RESPONSE:
Sierra objects to this request to the extent it requests documents that are protected by
attorney-client privilege communication and/or work product.
Subject to this objection and without waiving same, Sierra will produce copies of all
engagement letters in this matter.
PLAINTIFF’S RESPONSES TO WILSON OFFICE
INTERIORS. LLC’S FIRST REQUEST FOR PRODUCTION Page3
oP GO Lie VII Jey ee *
i q ?
REQUESTNO. 10. Produce all documents, including but not limited to invoices and/or
account statements, that reflect any and all fees and costs incurred by Sierra’s counsel of record
in this action for their representation of Sierra in this action.
RESPONSE:
Sierra objects to this request to the extent it requests documents that are protected by attorney-
client privilege communication and/or work product.
Subject to this objection and without waiving same, Sierra will produce copies of all
invoices or account statements as redacted.
REQUEST NO. 11, Produce all documents, including but not limited to all writings and retum
receipts for certified and/or registered mail, that relate to or reflect any and all notices, requests,
demands or other communications sent by Sierra to Wilson Office and/or Wilson Group
regarding excess expenses, maintenance, repairs, utilities, insurance and/or any amounts which
Sierra contends Wilson Group and/or Wilson Office owes Sierra in this action.
RESPONSE:
Sierra will provide documents responsive to this request.
REQUEST NO, 12. Produce all documents, including but not limited to all writings and copies
of envelopes, that show or reflect that Sierra also mailed to the subject premises a copy of all
notices, requests, demands or other communications sent by Sierra to either Wilson Office or
Wilson Group regarding excess expenses, maintenance, repairs, utilities, insurance, and/or any
amounts which Sietra contends Wilson Group and/or Wilson Office owes Sierra in this action.
RESPONSE:
Sierra will provide documents responsive to this request.
PLAINTIFF’S RESPONSES TO WILSON OFFICE
INTERIORS. LLC'S FIRST REQUEST FOR PRODUCTION Page 4
eas
Respectfully submitted,
GLAST, PHILLIPS & MURRAY
» Lab
Charles C. Frederiksen
State Bar No. 07413300
14801 Quorum Drive, Suite 500
Dallas, Texas 75254
(972) 419-8300 (Telephone)
(972) 419-8329 (Fax)
cfrederiksen@gpm-law.com
ATTORNEYS FOR PLAINTIFF
PLAINTIFF'S RESPONSES TO WILSON OFFICE
Page S
INTERIORS. LLC’S FIRST REQUEST FOR PRODUCTION
Te
3
?
CERTIFICATE OF SERVICE
I certify that on February 21, 2011, a true and correct copy of this document was served
on the following in accordance with the TEXAS RULES OF CIVIL PROCEDURE.
John Helms, Esq, Evelyn A. Yaeger, Esq.
Manuel Diaz, Esq. GIBSON, MCCLURE,
HELMS, ROBERTS & DIAZ, LLP WALLACE & DANIELS, LLP
6060 North Central Expressway, Suite 560 8080 North Central Expressway, Suite 1300
Dallas, Texas 75206 Dallas, Texas 75206
john@northi texastriallawyers.com € e} wd. com
manuel @northtexastriallawyers.com ATTORNEY FOR DEFENDANTS
ATTORN OR DEFENDANTS ROBERT BLOMSTROM and
THE WILSON GROUP, LTD,, and WILSON OFFICE INTERIORS, LLC
B. DONALD HILL, JR.
L. Randall Yazbeck, Esq, Jean A. Hobart, Esq.
5050 Quorum Drive, Suite 140 Tucker, ELLs & Wast, LLP
Dallas, Texas 75254 515 South Flower Street, 42™ Floor
ryaz(@vyazbecklawfirm.com Los Angeles, California 90071
ATTORNEYS FOR PLAINTIFF j.hobart@tuckerellis.com
ATTORNEY FOR DEFENDANTS
ROBERT BLOMSTROM and
WILSON OFFICE INTERIORS, LLC
ti
Charles C. Frederiksen
PLAINTIFE’S RESPONSES TO WILSON OFFICE
INTERIORS. LLC’S FIRST REQUEST FOR PRODUCTION Page 6
os GM&W
Gibson, McClure & Wallace, LLP
8080 N. Central Expressway
Evelyn A. Yaeger* Suite 1300, L.B. $0
eyaeger@gmwilp.com Dallas, Texas 75206
Direct Dial: (214) 891-8032 www.gmwilp.com
Facsimile: (214) 891-8010 ‘Main: (214) 891-8040
May 9, 2011
Via Fax (972) 419-8329
Charles C. Frederiksen
Glast, Phillips & Murray
14801 Quorum Drive, Suite 500
Dallas, Texas 75254
Office Interiors,
Re: Cause No. 10-01167; Sierra Investment Associates v. Wilson
Ltd.,
LLC, Robert Blomstrom v. B. Donald Hill, Jr., The Wilson Group,
Dear Mr. Frederiksen:
produced by Plaintiff
{am writing to inform you that I will inspect and copy documents to be
Friday, May 13, 2011
in Response to Wilson Office Interio 1s, LLC’s First Request for Production on
had not stated a time
at 2:00 p.m. In Plaintiff's Response y ou incorrectly stated that Wilson Office
and place for production, when the Request clearly stated they were to be produced
in my office
on March 14, 2011, so
within 30 days. Your response indicate d that the documents would be ready
this time.
Tam assuming that they are available and ready for inspection and copying at
Sincerely yours,
velyn A. Yasger
cc: Randy Yazbeck 972-980-8278
John Helms 214-800-2057
Ritch Roberts 972-468-9455
J. Hobart 213-430-3409
EXHIBIT
C
‘Licensed in Texas and California
BROADCAST REPORT
TIME @5/89/2011 11:18
NAME GIBSON MCCLURE
FAX 2148918863
TEL 2148918840
SER.# BROG6J51244a
PAGE(S) 42
DURATION PAGE(S) RESULT COMMENT
DATE TIME FAX NO. /NAME
Hts 9724198329 33 62 OK
a5/89 39 g@2 OK
a5/89 9729888278 ECM
45/89 2148862857 23 82 OK
35 G2 OK ECM
45/89 9724689455 ECM
12134383489 38 a2 OK
65/49
BUSY: BUSY/NO RESPONSE
NG POOR LINE CONDITION
Cv COVERPAGE
¢ GM&W
Gibson, McClure & Wallace, LLP
8080 N. Central Expressway, Suite 1300
Dallas, Texas 75206-1808
(214) 891-8040 Telephone
(214) 891-8010 Facsimile
CONFIDENTIAL FAX COVER SHEET
Date: May 9, 2011
To L. Randall Yazbeck Fax No.: (972) 980-8278
John Helms Fax No.: (214) 800-2057
Charles Frederiksen Fax No.: (972) 419-8329
Ritch Roberts Fax No.: (972) 468-9455
Evelyn Yaeger Page(s), Including Cover: _2
From:
v. Wilson Office
Re: Cause No. 10-01167; Sierra Investment Associates
and B. Donald Hill,
Interiors, LLC., The Wilson Group, Ltd., Robert Blomstrom
Jr.
Message: Please see attached.
transmission.
Please call (214) 891-8040 regarding any problems with this
and may be confidential and
The information contained in this facsi mile is attorney-privileged
above. Ifthe reader of this message
is intended only for the use of the individual or entity named :,
t, please be advised that any dissemination, di:
istribution or copy of
is not the intended recipien
this communication is strictly prohibited. If this communication has been received in error,
address, via the U.S.
please notify us by telephone and return the facsimile to us af the above
Postal Service. Thank You.
MAY. 11.2011 3:00PM NO. 4931 PL a/2
GLAST, PHILLIPS & MURRAY
A PROFESSIONAL CORPORATION
14801 QuoRUM Drive, SutTe 500
DALLAS, TX 75254-1449 ATTORNEYS AND
(972) 419-8300 COUNSELORS
Charles C. Frederiksen TELECOPIER (972) 419-8329
(972) 419-7184 HOUSTON
cfrederiksen@gpm-law.com (713) 237-3111
May 11, 2011
VIA FACSIMILE
Evelyn A. Yaeger, Esq.
GIBSON, MCCLURE,
WALLACE & DANIELS, LLP
8080 North Central Expressway, Ste 1300
Dallas, Texas 75206
Re; Cause No, DC-10-01167; Sierra Investment Associates v. Wilson Office Interiors,
LLC, et al,; In the 298" Judicial District Court, Dallas County, Texas
Dear Ms. Yaeger:
I am in receipt of your facsimile dated May 9, 2011. Please be advised that TR.C.P.
196.1(b) requires that you “.. specify reasonable time (on or after the date on which the response
is due) and place for production.” Our objection to your requests conformed with T.R.CP.
196.2(b)(3). In fact, the documents and a representative of Sierra were present in my offices on
March 14, 2011, at 10:00 am. for approximately and an hour and half. At no time did
Defendants extend the courtesy of advising they would not attend that production.
I do not believe the Rules provide for you to unilaterally “inform” me that you will
inspect the documents at a specific time and place. Be advised that Sierra will produce the
documents at a mutually convenient time subject to Defendants’ commitment that they will
reimburse Sierra for the cost of re-gathering the documents for production.
L (ob
Very truly yours,
es C. Frederiksen
CCF/mlb
CO: (VIA FACSIMILE)
Ritch Roberts, Esq.
Jean A. Hobart, Esq.
Randall Yazbeck, Esq, EXHIBIT
NO. 4931 P /2
. MAY. 14.2011 2:59PM
Gast, PHILLIPS & MURRAY
-A PROFESSIONAL CORPORATION
14801 Quorum DRIVE, Surte 500
ATTORNEYS AND
COUNSELORS: DALLAS, TX 75254-1449
— (072) 419-8300 —
CHARLES C. FREDERIKSEN TELECOPIER (972) 419-8329
HousTON
efrederlksan@gpm-law.com (713)237-3111
(972) 419-7184
FACSIMILE COVER LETTER
PLEASE DELIVER THE FOLLOWING PAGES TO:
NAME: Ritch Roberts, Esq. 214.800.2057
NAME: Evelyn Yaeger, Esq. 214.891.8010
NAME; Jean Hobart, Esq. 213.430.3409
CLIENT NO.: 190436.20
OFFICE TELEPHONE NO.:
FAX TELEPHONE NO.:
FROM: Charles C. Frederiksen DATE: May 11, 2011
SENDER’S DIRECT DIAL TELEPHONE NO.: (972) 419-7184
NUMBER OF PAGES (INCLUDING COVER): 2
RE: Sierra Investment Assoc. v. Wilson Office Interiors, et al
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Gibson, McClure & Wallace, LLP
8080 N. Central Expressway
Evelyn A. Yaeger* Suite 1300, L.B. SO
eyaeger@gmwilp.com Dallas, Texas 75206
Direct Dial: (214) 891-8032 www.gmwilp.com
Facsimile: (214) 891-8010 Main: (214) 891-8040
May 13, 2011
Via Fax (972) 419-8329
Charles C. Frederiksen
Glast, Phillips & Murray
14801 Quorum Drive, Suite 500
Dallas, Texas 75254
Re: Cause No. 10-01167; Sierra Investment Associates v. Wilson Office Interiors,
LLC., Robert Blomstrom v. B. Donald Hill, Jr., The Wilson Group, Ltd.,
Dear Mr. Frederiksen:
In response to your letter dated May 11, 2001 concerning Plaintiff's production of
documents, I would point out that I was on vacation the week of March 14, 2011, the date you
arbitrarily chose for the document inspection. It was not a mutually agreed upon time, and your
office was in receipt of my vacation letter prior to March 14, 2011. There was no basis for anyone
at Sierra to be sitting at your office for an hour and a half (presuming that unlikely event actually
occurred) and no basis for a “re-gathering” fee.
lam available to inspect the documents any day next week. Please provide me with an date
and time that is acceptable as soon as possible.
Thank you very much.
Sincerely yours,
fefurlAl
“ Evelyn A. Yaeger
cc: Randy Yazbeck 972-980-8278
John Helms 214-800-2057
Ritch Roberts 972-468-9455
J. Hobart 213-430-3409
EXHIBIT
E
“Licensed in Texas and California
BROADCAST REPORT
TIME 5/13/2011 16:68
NAME GIBSON MCCLUI
FA: x 2148918883
TEL 2148918848
SER.# BROG6J51 2408
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“* GM&W
Gibson, McClure & Wallace, LLP
8080 N. Central Expressway, Suite 1300
Dallas, Texas 75206-1808
(214) 891-8040 Telephone
(214) 891-8010 Facsimile
CONFIDENTIAL FAX COVER SHEET
Date: May 13, 2011
To L. Randall Yazbeck Fax No.: (972) 980-8278
John Helms Fax No.: (214) 800-2057
Charles Frederiksen Fax No.: (972) 419-8329
Ritch Roberts Fax No.: (972) 468-9455
From: Evelyn Yaeger Page(s), Including Cover: 2
No. 10-01167; Sierra Investment Associates v. Wilson Office
Re: Cause
Interiors, LLC., The Wilson Group, Ltd., Robert B
Preview
Filed 11 Ma 26 P12:57 Gary Fitzsimmons District Clerk Dallas District CAUSE NO. 10-01167 SIERRA INVESTMENT ASSOCIATES, § IN THE DISTRICT COURT OF Plaintiff, Vv. WILSON OFFICE INTERIORS, LLC, ROBERT BLOMSTROM, 298" JUDICIAL DISTRICT Defendants/Cross-Claimants, Vv. B. DONALD HILL, JR. and THE WILSON GROUP, LTD., Defendants/Cross-Defendants. DALLAS COUNTY, TEXAS WILSON OFFICE INTERIORS, LLC’S MOTION TO COMPEL DOCUMENT PRODUCTION FROM PLAINTIFF Wilson Office Interiors, LLC (“Wilson Office”), a Defendant in the above-entitled and numbered cause, files its Motion to Compel Document Production from Plaintiff (hereinafter the “Motion”). Defendant would respectfully show the Court the following: I DOCUMENT PRODUCTION 1 Defendant Wilson Office Interiors, LLC served Plaintiff with its First Request for Production to Plaintiff Sierra Investment Associates on January 21, 2011. Plaintiff served its responses on February 21, 2011. The Request for Production and Responses are attached hereto as Exhibits “A” and “B.” In response to requests Nos. 1-8, 11 and 12, Plaintiff stated “Sierra will provide documents responsive to this request.” 2 In its First Request for Production to Plaintiff Sierra Investment Associates, Wilson WILSON OFFICE’S MOTION TO COMPEL DOCUMENT PRODUCTION FROM PLAINTIFF Page 1 Office requested that the documents be produced in the office of its counsel, Gibson, McClure, Wallace & Daniels, after the expiration of 30 days. Plaintiff objected in its responses and stated (inexplicably), that Wilson Office had not provided a time and place for production. Plaintiff stated it would produce the original documents in the office of its counsel, Glast, Phillips & Murray at 10:00 a.m. on March 14, 2011. This was not a date or time that had been mutually agreed upon. Counsel for Wilson Office was in fact out of town on vacation the entire week of March 14, 2011. Counsel was provided a vacation letter stating this prior to March 14, 2011. 3 On May 9, 2011, counsel for Wilson Office sent a letter to Plaintiff counsel stating she was available on May 13, 2011 at 2:00 to inspect the documents. This letter is attached as Exhibit “C.” 4. On May11, 2011 Plaintiff counsel sent a letter in which he stated that the documents would not be produced on May 13, 2011, and that a “re-gathering fee” would be charged due to the fact that Wilson Office counsel did not show up on his March 14, 2011 date. See Exhibit “—D.” 5 On May 13, 2011, counsel for Wilson Office sent a letter reminding Plaintiff counsel she had been on vacation March 14, and objected to the re-gathering fee. Counsel stated she was available every day the following week (May16-20) and requested that Plaintiff provide a mutually agreeable date and time to inspect the documents. See Exhibit “E.” 6 On May 18, 2011, counsel for Wilson Office sent another letter requesting dates to inspect the documents and also providing a certificate of conference for a motion to compel the production. See Exhibit “F.” 7 Plaintiff counsel ignored all of the above requests and never provided any available dates and times for the production of the documents. WILSON OFFICE’S MOTION TO COMPEL DOCUMENT PRODUCTION FROM PLAINTIFF Page 2 WHEREFORE, Defendant Wilson Office Interiors, LLC prays that the Court grant its Motion to Compel Document Production from Plaintiff, and that the Court order that Defendant be reimbursed by Plaintiff for all costs incurred in preparing this Motion and attending a hearing on same, and for such other and further relief to which the Defendant may be justly entitled. Respectfully submitted, GIBSON, McCLURE, WALLACE & DANIELS, L.L.P. C ‘ade L. McCh Texas Bar No. 13428700 Evelyn A. Yaeger Texas Bar No. 00789740 8080 N. Central Expressway Suite 1300, LB 50 Dallas, Texas 75206-1838 (214) 891-8040 Telephone (214) 891-8010 Facsimile Jean A. Hobart Texas Bar No. 09736620 Tucker, Ellis & West, LLP 515 South Flower Street, 42nd Floor Los Angeles, California 90071 (213) 430-3400 (213) 430-3409 Telecopy ATTORNEYS FOR DEFENDANTS WILSON OFFICE INTERIORS, LLC AND ROBERT BLOMSTROM WILSON OFFICE’S MOTION TO. COMPEL DOCUMENT PRODUCTION FROM PLAINTIFF Page3 CERTIFICATE OF CONFERENCE Counsel for movant has contacted counsel for Plaintiff regarding the issues presented in this motion on May 9, May 13, and May 18 via the attached correspondence and has not been able to resolve the matter. A Evelyn A. Yaeger CERTIFICATE OF SERVICE Thereby certify that on this 26" day of May, 2011, a true and correct copy of the foregoing instrument was forwarded via facsimile to the following: L. Randall Yazbeck 5050 Quorum Drive Suite 140 Dallas, Texas 75254 Charles C. Frederiksen Glast, Phillips & Murray 14801 Quorum Drive, Suite 500 Dallas, Texas 75254 John Helms Helms, Johnson & Diaz 660 N. Central Expressway Suite 560 Dallas, Texas 75206 R. Ritch Roberts, II R. Ritch Roberts, P.L.L.C. 9090 Skillman St., Suite 182-A310 Dallas, TX 75243-8262 velyn A. ‘aegel WILSON OFFICE’S MOTION TO COMPEL DOCUMENT PRODUCTION FROM PLAINTIFF Page 4 — oO 7 RLS CAUSE NO. 10-01167 SIERRA INVESTMENT ASSOCIATES, § IN THE DISTRICT COURT OF Plaintiff, Vv. WILSON OFFICE INTERIORS, LLC, ROBERT BLOMSTROM, 298" JUDICIAL DISTRICT Defendants/Cross-Claimants, Vv. B. DONALD HILL, JR. and THE WILSON GROUP, LTD., Defendants/Cross-Defendants. DALLAS COUNTY, TEXAS DEFENDANT WILSON OFFICE INTERIORS, LLC’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF SIERRA INVESTMENT ASSOCIATES TO: Plaintiff, Sierra Investment Associates, by and through its attorney of record, Charles C. Frederiksen, GLAST, PHILLIPS & MURRAY,14801 Quorum Drive, Suite 500, Dallas, Texas 75254. You are hereby requested to produce the below listed documents and things at the offices of Gibson, McClure, Wallace & Daniels, L.L.P., 8080 North Central Expressway, Suite 1300, LB 50, Dallas, Texas 75206, within thirty (30) days following your receipt of this Request for Production of Documents. This request is being made pursuant to Rule 196 of the Texas Rules of Civil Procedure. DEFINITIONS A "Document" as used herein is defined to include any and all manner of written, typed, printed, reproduced, filmed, or recorded material, and all photographs, pictures, plans, or other representations of any kind of anything pertaining, describing, referring, or relating, directly or indirectly, in whole or in part, to the subject matter of each paragraph of each request, EXHIBIT A DEFENDANT WILSON OFFICE INTERIORS, LLC’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF SIERRA INVESTMENT ASSOCIATES O and includes all papers, books, journals, ledgers, statements, memoranda, reports, invoices, letters, correspondence, checks, purchase orders, summaries, worksheets, transcriptions, other form of communication or information recorded or agreements, contracts, or any ion, whether reproduced. The term "document" also includes any former written communicat sent or received, and all identical copies of originals. Associates. B “Plaintiff,” “Sierra,” “you,” and “your” means Sierra Investment LLC. Cc “Wilson Office” means defendant Wilson Office Interiors, REQUEST FOR PRODUCTION REQUEST NO. 1: se to Wilson Office’s 1 Produce all documents that were identified by Plaintiff in respon interrogatories served concurrently herewith. RESPONSE: REQUEST NO. 2: Produce all documents thi at support your allegation in paragraph 4.2 of Count IV for suffered and incurred Breach of Contract in Plaintiff's First Amended Petition that Sierra portions of improvements damages in an amount exceeding $40,000 due to physical damage of to the property and the mechanical and electrical systems. RESPONSE: REQUEST NO. 3: sion in Produce all documents that support your allegation in Count V for Conver under his direction Plaintiff's First Amended Petition that Robert Blomstrom and persons acting and supervision took property of Sierra. RESPONSE: REQUEST NO. 4: V in Plaintiff's First Produce all photographs of the Sierra property you allege in Count Amended Petition was taken by Robert Blomstrom ani d persons acting under his direction and supervision. RESPONSE: ST FOR DEFENDANT WILSON OFFICE INTERIORS, LLC’S FIRST REQUE PRODUCTION TO PLAINTIFF SIERRA INVESTMENT ASSOC IATES u~ REQUEST NO. 5: : s, that support Produce all documents, 1! including but not limited to receipts and/or invoice d Petition that Sierra your allegation in Count V for Conversion in Plaintiff's First Amende suffered and incurred damages in an amount exceeding $2,000. RESPONSE: REQUEST NO. 6: Produce all policies of insurance (including but not limited to the declarations pages) that Sierra obtained to provide coverage from 1994 to January 31, 2008 for the subject premises whose cost Sierra included as part of its claim for excess expenses, including but not limited to the two State Farm policies which correspond to invoices produced by Sierra in this lawsuit. RESPONSE: REQUEST NO. 7: d Regarding paragraph 4.1 of Count IV for Breach of Contract in Plaintiff's First Amende you contend Petitio produce n, all receipts and/or invoices not already produced in this action that or comprise any amounts due and/or accrued by Sierra under the lease which reflect, constitute Sierra alleges are owed by any and/or both Defendants. RESPONSE: REQUEST NO. 8: ed Regarding paragrap! h 4.2 of Count IV for Breach of Contract in Plaintiff's FirstAmend including but not limited Petition, produce all photographs depicting any and all Sierra property, the property, that you allege to improvements and the mechanical and electrical systems serving was physically damaged by any and/or both Defendants. RESPONSE: REQUEST NO. 9: Produce a copy 0! f all written agreements with each of your attorneys of record in this costs to represent Sierra in action that reflect the terms for their providing services an d incurring connection with this action. RESPONSE: ST FOR DEFENDANT WILSON OFFICE INTERIORS, LLC’S FIRST REQUE SIERRA INVES TMENT ASSOC IATES PRODUCTION TO PLAINTIFF of u i AD REQUEST NO. 10: Produce all documents, including but not limited to invoices and/or account statements, that reflect any and all fees and costs incurred by Sierra’s counsel of record in this action for their representation of Sierra in this action. RESPONSE: REQUEST NO. 11: Produce all documents, inclu ding but not limited to all writings and return receipts for certified and/or registered mail, that relate to or reflect any and all notices, requests, demands or other communications sent by Sierra to Wilson Office and/or Wilson Group regarding excess expenses, maintenance, repairs, utilities, insurance and/or any amounts which Sierra contends Wilson Group and/or Wilson Office owes Sierra in this action. RESPONSE: REQUEST NO. 12: Produce all documents, including but not limited to all writings and copies of envelopes, that show or reflect that Sierra also mailed to the subject premises a copy of all notices, requests, demands or other communications sent by Sierra to either Wilson Office or Wilson Group regarding excess expenses, maintenance, repairs, utilities, insurance, and/or any amounts which Sierra contends Wilson Group and/or Wilson Office owes Sierra in this action. RESPONSE: DEFENDANT WILSON OFFICE INTERIORS, LLC’S FIRST REQUEST FOR PRODUCTION TO PLAINTIFF SIERRA INVESTMENT ASSOCIATES 6 ) Respectfully submitted, GIBSON, McCLURE, WALLACE & DA TELS, L.L.P. Evelyn A. Yaegi Texas Bar No. 00789740 8080 N. Central Expressway Suite 1300, LB 50 Dallas, Texas 75206 1838 (214) 891 8040 (214) 891 8010 Telecopy Jean A. Hobart Texas Bar No. 09736620 Tucker, Ellis & West, LLP 515 South Flower Street, 42nd Floor Los Angeles, California 90071 (213) 430 3400 (213) 430 3409 Telecopy CERTIFICATE OF SERVICE the foregoing Thereby certify that I have on this the 21st day of January, 2011, served a copy of upon the following: Via Hand Delivery Via Hand Delivery L. Randall Yazbeck John Helms 5050 Quorum Drive Helms, Johnson & Diaz Suite 140 660 N. Central Expressway Dallas, Texas 75254 Suite 560 Dallas, Texas 75206 Via Hand Delivery Charles C. Frederiksen Glast, Phillips & Murray 14801 Quorum Drive, Suite 500 Dallas, Texas 75254 T FOR DEFENDANT WILSON OFFICE INTERIORS, LLC’S FIRST REQUES PRODUCTION TO PLAINTIFF SIERRA INVESTMENT ASSOC IATES 7 PEO Lie vil 2 VUE VEAL aM we v XL?2 NO, DC-10-01167 SIERRA INVESTMENT ASSOCIATES, IN THE DISTRICT COURT OF Plaintiff, Vv. OF DALLAS COUNTY, TEXAS WILSON OFFICE INTERIORS, LLC; THE WILSON GROUP, LTD.; ROBERT BLOMSTROM; B. DONALD HILL, JR. Defendants. 298" JUDICIAL DISTRICT PLAINTIF¥’S RESPONSES TO WILSON OFFICE INTERIORS. LLC’S FIRST REQUEST FOR PRODUCTION To: Defendants, Wilson Office Interiors, LLC, and Robert Blomstrom, by and through counsel, Evelyn A. Yaeger, Esq., GIBSON, MCCLURE, WALLACE & DANIELS, LLP, 8080 North Central Expressway, Suite 1300, Dallas, Texas 75206; and Jean A. Hobart, Esq., Tucker, ELLIs & West, LLP, 515 South Flower Street, 42 Floor, Los Angeles, California 90071. COMES NOW Plaintiff Sierra Investment Associates (“Sierra”) and serves these objections and responses to Wilson Office Interiors, LLC’s First Request for Production: OBJECTION Sierra objects to the request for inspection and copying set forth in Defendant’s request on the basis that said request is not specific to time and place and thus, violates Rule 196.1(b). Sierra will produce the original documents at the Law Office of GLAST, PHILLIPS & MURRAY commencing at 10:00 a.m, on March 14, 2011. EXHIBIT 1Oo PLAINTIFF’S RESPONSES TO WILSON OFFICE INTERIORS. LLC’S FIRST REQUEST FOR PRODUCTION Page1 eh Se Le AV TT ZOU MEANY I, oo » MN ‘ a 3 ad x 7 REQUESTS FOR PRODUCTION REQUEST NO. 1. Produce all documents that were identified by Plaintiff in response to Wilson Office’s interrogatories served concurrently herewith. RESPONSE: Sierra will provide documents responsive to this request. REQUEST NO. 2. Produce all documents that support your allegation in paragraph 4.2 of Count IV for Breach of Contract in Plaintiff's First Amended Petition that Sierra suffered and incurred damages in an amount exceeding $40,000 due to physical damage of portions of improvements to the property and the mechanical and electrical systems. RESPONSE; Sierra will provide documents responsive to this request. REQUEST NO. 3, Produce all documents that support your allegation in Count V for Conversion in Plaintiff's First Amended Petition that Robert Blomstrom and persons acting under his direction and supervision took property of Sierra. RESPONSE: Sierra will provide documents responsive to this request. REQUEST NO. 4. Produce all photographs of the Sierra property you allege in Count V in Plaintiffs First Amended Petition was taken by Robert Blomstrom and persons acting under his direction and supervision. RESPONSE: Sierra will provide documents responsive to this request. REQUEST NO. 5. Produce all documents, including but not limited to receipts and/or invoices that support your allegation in Count V for Conversion in Plaintiff's First Amended Petition that Sierra suffered and incurred damages in an amount exceeding $2,000. RESPONSE: Sierra will provide documents responsive to this request. PLAINTIFF’S RESPONSES TO WILSON OFFICE INTERIORS. LLC’S FIRST REQUEST FOR PRODUCTION Page2 FEO Li LV J VVTTE MEANY Tf vee ~ % ?} J REQUEST NO. 6. Produce all policies of insurance (including but not limited to the declarations pages) that Sierra obtained to provide coverage from 1994 to January 31, 2008 for the subject premises whose cost Sierra included as part of its claim for excess expenses, including but not limited to the two State Farm policies which correspond to invoices produced by Sierra in this lawsuit. RESPONSE: Sierra will provide documents responsive to this request. REQUEST NO.7. Regarding paragraph 4.1 of Count IV for Breach of Contract in Plaintiff's First Amended Petition, produce all receipts and/or invoices not already produced in this action that you contend reflect, constitute or comprise any amounts due and/or accrued by Sierra under the lease which Sierra alleges are owed by any and/or both Defendants. RESPONSE: Sierra will provide documents responsive to this request. REQUEST NO. 8. Regarding paragraph 4.2 of Count IV for Breach of Contract in Plaintiff's First Amended Petition, produce all photographs depicting any and all Sierra property, including but not limited to improvements and the mechanical and electrical systems serving the property, that you allege was physically damaged by any and/or both Defendants. RESPONSE: Sierra will provide documents responsive to this request. REQUEST NO.9, Produce a copy of all written agreements with each of your attomeys of record in this action that reflect the terms for their providing services and incurring costs to represent Sierra in connection with this action. RESPONSE: Sierra objects to this request to the extent it requests documents that are protected by attorney-client privilege communication and/or work product. Subject to this objection and without waiving same, Sierra will produce copies of all engagement letters in this matter. PLAINTIFF’S RESPONSES TO WILSON OFFICE INTERIORS. LLC’S FIRST REQUEST FOR PRODUCTION Page3 oP GO Lie VII Jey ee * i q ? REQUESTNO. 10. Produce all documents, including but not limited to invoices and/or account statements, that reflect any and all fees and costs incurred by Sierra’s counsel of record in this action for their representation of Sierra in this action. RESPONSE: Sierra objects to this request to the extent it requests documents that are protected by attorney- client privilege communication and/or work product. Subject to this objection and without waiving same, Sierra will produce copies of all invoices or account statements as redacted. REQUEST NO. 11, Produce all documents, including but not limited to all writings and retum receipts for certified and/or registered mail, that relate to or reflect any and all notices, requests, demands or other communications sent by Sierra to Wilson Office and/or Wilson Group regarding excess expenses, maintenance, repairs, utilities, insurance and/or any amounts which Sierra contends Wilson Group and/or Wilson Office owes Sierra in this action. RESPONSE: Sierra will provide documents responsive to this request. REQUEST NO, 12. Produce all documents, including but not limited to all writings and copies of envelopes, that show or reflect that Sierra also mailed to the subject premises a copy of all notices, requests, demands or other communications sent by Sierra to either Wilson Office or Wilson Group regarding excess expenses, maintenance, repairs, utilities, insurance, and/or any amounts which Sietra contends Wilson Group and/or Wilson Office owes Sierra in this action. RESPONSE: Sierra will provide documents responsive to this request. PLAINTIFF’S RESPONSES TO WILSON OFFICE INTERIORS. LLC'S FIRST REQUEST FOR PRODUCTION Page 4 eas Respectfully submitted, GLAST, PHILLIPS & MURRAY » Lab Charles C. Frederiksen State Bar No. 07413300 14801 Quorum Drive, Suite 500 Dallas, Texas 75254 (972) 419-8300 (Telephone) (972) 419-8329 (Fax) cfrederiksen@gpm-law.com ATTORNEYS FOR PLAINTIFF PLAINTIFF'S RESPONSES TO WILSON OFFICE Page S INTERIORS. LLC’S FIRST REQUEST FOR PRODUCTION Te 3 ? CERTIFICATE OF SERVICE I certify that on February 21, 2011, a true and correct copy of this document was served on the following in accordance with the TEXAS RULES OF CIVIL PROCEDURE. John Helms, Esq, Evelyn A. Yaeger, Esq. Manuel Diaz, Esq. GIBSON, MCCLURE, HELMS, ROBERTS & DIAZ, LLP WALLACE & DANIELS, LLP 6060 North Central Expressway, Suite 560 8080 North Central Expressway, Suite 1300 Dallas, Texas 75206 Dallas, Texas 75206 john@northi texastriallawyers.com € e} wd. com manuel @northtexastriallawyers.com ATTORNEY FOR DEFENDANTS ATTORN OR DEFENDANTS ROBERT BLOMSTROM and THE WILSON GROUP, LTD,, and WILSON OFFICE INTERIORS, LLC B. DONALD HILL, JR. L. Randall Yazbeck, Esq, Jean A. Hobart, Esq. 5050 Quorum Drive, Suite 140 Tucker, ELLs & Wast, LLP Dallas, Texas 75254 515 South Flower Street, 42™ Floor ryaz(@vyazbecklawfirm.com Los Angeles, California 90071 ATTORNEYS FOR PLAINTIFF j.hobart@tuckerellis.com ATTORNEY FOR DEFENDANTS ROBERT BLOMSTROM and WILSON OFFICE INTERIORS, LLC ti Charles C. Frederiksen PLAINTIFE’S RESPONSES TO WILSON OFFICE INTERIORS. LLC’S FIRST REQUEST FOR PRODUCTION Page 6 os GM&W Gibson, McClure & Wallace, LLP 8080 N. Central Expressway Evelyn A. Yaeger* Suite 1300, L.B. $0 eyaeger@gmwilp.com Dallas, Texas 75206 Direct Dial: (214) 891-8032 www.gmwilp.com Facsimile: (214) 891-8010 ‘Main: (214) 891-8040 May 9, 2011 Via Fax (972) 419-8329 Charles C. Frederiksen Glast, Phillips & Murray 14801 Quorum Drive, Suite 500 Dallas, Texas 75254 Office Interiors, Re: Cause No. 10-01167; Sierra Investment Associates v. Wilson Ltd., LLC, Robert Blomstrom v. B. Donald Hill, Jr., The Wilson Group, Dear Mr. Frederiksen: produced by Plaintiff {am writing to inform you that I will inspect and copy documents to be Friday, May 13, 2011 in Response to Wilson Office Interio 1s, LLC’s First Request for Production on had not stated a time at 2:00 p.m. In Plaintiff's Response y ou incorrectly stated that Wilson Office and place for production, when the Request clearly stated they were to be produced in my office on March 14, 2011, so within 30 days. Your response indicate d that the documents would be ready this time. Tam assuming that they are available and ready for inspection and copying at Sincerely yours, velyn A. Yasger cc: Randy Yazbeck 972-980-8278 John Helms 214-800-2057 Ritch Roberts 972-468-9455 J. Hobart 213-430-3409 EXHIBIT C ‘Licensed in Texas and California BROADCAST REPORT TIME @5/89/2011 11:18 NAME GIBSON MCCLURE FAX 2148918863 TEL 2148918840 SER.# BROG6J51244a PAGE(S) 42 DURATION PAGE(S) RESULT COMMENT DATE TIME FAX NO. /NAME Hts 9724198329 33 62 OK a5/89 39 g@2 OK a5/89 9729888278 ECM 45/89 2148862857 23 82 OK 35 G2 OK ECM 45/89 9724689455 ECM 12134383489 38 a2 OK 65/49 BUSY: BUSY/NO RESPONSE NG POOR LINE CONDITION Cv COVERPAGE ¢ GM&W Gibson, McClure & Wallace, LLP 8080 N. Central Expressway, Suite 1300 Dallas, Texas 75206-1808 (214) 891-8040 Telephone (214) 891-8010 Facsimile CONFIDENTIAL FAX COVER SHEET Date: May 9, 2011 To L. Randall Yazbeck Fax No.: (972) 980-8278 John Helms Fax No.: (214) 800-2057 Charles Frederiksen Fax No.: (972) 419-8329 Ritch Roberts Fax No.: (972) 468-9455 Evelyn Yaeger Page(s), Including Cover: _2 From: v. Wilson Office Re: Cause No. 10-01167; Sierra Investment Associates and B. Donald Hill, Interiors, LLC., The Wilson Group, Ltd., Robert Blomstrom Jr. Message: Please see attached. transmission. Please call (214) 891-8040 regarding any problems with this and may be confidential and The information contained in this facsi mile is attorney-privileged above. Ifthe reader of this message is intended only for the use of the individual or entity named :, t, please be advised that any dissemination, di: istribution or copy of is not the intended recipien this communication is strictly prohibited. If this communication has been received in error, address, via the U.S. please notify us by telephone and return the facsimile to us af the above Postal Service. Thank You. MAY. 11.2011 3:00PM NO. 4931 PL a/2 GLAST, PHILLIPS & MURRAY A PROFESSIONAL CORPORATION 14801 QuoRUM Drive, SutTe 500 DALLAS, TX 75254-1449 ATTORNEYS AND (972) 419-8300 COUNSELORS Charles C. Frederiksen TELECOPIER (972) 419-8329 (972) 419-7184 HOUSTON cfrederiksen@gpm-law.com (713) 237-3111 May 11, 2011 VIA FACSIMILE Evelyn A. Yaeger, Esq. GIBSON, MCCLURE, WALLACE & DANIELS, LLP 8080 North Central Expressway, Ste 1300 Dallas, Texas 75206 Re; Cause No, DC-10-01167; Sierra Investment Associates v. Wilson Office Interiors, LLC, et al,; In the 298" Judicial District Court, Dallas County, Texas Dear Ms. Yaeger: I am in receipt of your facsimile dated May 9, 2011. Please be advised that TR.C.P. 196.1(b) requires that you “.. specify reasonable time (on or after the date on which the response is due) and place for production.” Our objection to your requests conformed with T.R.CP. 196.2(b)(3). In fact, the documents and a representative of Sierra were present in my offices on March 14, 2011, at 10:00 am. for approximately and an hour and half. At no time did Defendants extend the courtesy of advising they would not attend that production. I do not believe the Rules provide for you to unilaterally “inform” me that you will inspect the documents at a specific time and place. Be advised that Sierra will produce the documents at a mutually convenient time subject to Defendants’ commitment that they will reimburse Sierra for the cost of re-gathering the documents for production. L (ob Very truly yours, es C. Frederiksen CCF/mlb CO: (VIA FACSIMILE) Ritch Roberts, Esq. Jean A. Hobart, Esq. Randall Yazbeck, Esq, EXHIBIT NO. 4931 P /2 . MAY. 14.2011 2:59PM Gast, PHILLIPS & MURRAY -A PROFESSIONAL CORPORATION 14801 Quorum DRIVE, Surte 500 ATTORNEYS AND COUNSELORS: DALLAS, TX 75254-1449 — (072) 419-8300 — CHARLES C. FREDERIKSEN TELECOPIER (972) 419-8329 HousTON efrederlksan@gpm-law.com (713)237-3111 (972) 419-7184 FACSIMILE COVER LETTER PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: Ritch Roberts, Esq. 214.800.2057 NAME: Evelyn Yaeger, Esq. 214.891.8010 NAME; Jean Hobart, Esq. 213.430.3409 CLIENT NO.: 190436.20 OFFICE TELEPHONE NO.: FAX TELEPHONE NO.: FROM: Charles C. Frederiksen DATE: May 11, 2011 SENDER’S DIRECT DIAL TELEPHONE NO.: (972) 419-7184 NUMBER OF PAGES (INCLUDING COVER): 2 RE: Sierra Investment Assoc. v. Wilson Office Interiors, et al SPECIAL INSTRUCTIONS CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive end confidcatial use of the imended recipient. ifyou are not the intended recipient, please do not read, distsuribure, or take action in reliance upon this message, Tf you have received this in error, please notify us intmediately by rerun e-mail and prompt ly delete this messagt snd its attachments from your computer system, We do not waive client-attorney or work product privilege by the transmission of this message. The following disclaimer is included to insure that we comply with U.S. Treasury Department Regulations. The Regulations now require that either we (1) include the following disclaimer in most written Federal tax comesponcience or (2) undertake significant due ditigence that we have ot performed (bux can perform on roquest). ANY STATEMENTS CONTAINED HEREIN ARE NOT INTENDED OR WRITTEN BY THE WRITER TO BE USED, AND NOTHING CONTAINED HEREIN CAN BE USED BY YOU OR ANY OTHER PERSON, FOR THE PURPOSE OF (1) AVODING OR PENALTIES THAT MAY BE IMPOSED UNDER FEDERAL TAX LAW, or @) PROMOTING, MARKETING ING TO ANOTHER PARTY ANY YAX-RELATED TRANSACTIO N OR MATTER. ADDRESSED HEREIN. RECOMMEND If you do not receive all pages, please call Margy Buono at 972.419.8334. “¢ GM&W Gibson, McClure & Wallace, LLP 8080 N. Central Expressway Evelyn A. Yaeger* Suite 1300, L.B. SO eyaeger@gmwilp.com Dallas, Texas 75206 Direct Dial: (214) 891-8032 www.gmwilp.com Facsimile: (214) 891-8010 Main: (214) 891-8040 May 13, 2011 Via Fax (972) 419-8329 Charles C. Frederiksen Glast, Phillips & Murray 14801 Quorum Drive, Suite 500 Dallas, Texas 75254 Re: Cause No. 10-01167; Sierra Investment Associates v. Wilson Office Interiors, LLC., Robert Blomstrom v. B. Donald Hill, Jr., The Wilson Group, Ltd., Dear Mr. Frederiksen: In response to your letter dated May 11, 2001 concerning Plaintiff's production of documents, I would point out that I was on vacation the week of March 14, 2011, the date you arbitrarily chose for the document inspection. It was not a mutually agreed upon time, and your office was in receipt of my vacation letter prior to March 14, 2011. There was no basis for anyone at Sierra to be sitting at your office for an hour and a half (presuming that unlikely event actually occurred) and no basis for a “re-gathering” fee. lam available to inspect the documents any day next week. Please provide me with an date and time that is acceptable as soon as possible. Thank you very much. Sincerely yours, fefurlAl “ Evelyn A. Yaeger cc: Randy Yazbeck 972-980-8278 John Helms 214-800-2057 Ritch Roberts 972-468-9455 J. Hobart 213-430-3409 EXHIBIT E “Licensed in Texas and California BROADCAST REPORT TIME 5/13/2011 16:68 NAME GIBSON MCCLUI FA: x 2148918883 TEL 2148918848 SER.# BROG6J51 2408 PAGE(S) 62 DURATION PAGE(S) RESULT COMMENT DATE, TIME FAX NO. /NAME 9724198323 48 2 OK 45/13 16:93 62 a5/13 16:44 9729888278 4a 25 62 ECM 45/13 16:85 2148882057 OK ECM 16:06 9724689455 36 2 5/13 32 a2 ECM 05/13 16:87 12134303489 BUSY: BUSY/NO RESPONSE NG POOR LINE CONDITION cv COVERPA! “* GM&W Gibson, McClure & Wallace, LLP 8080 N. Central Expressway, Suite 1300 Dallas, Texas 75206-1808 (214) 891-8040 Telephone (214) 891-8010 Facsimile CONFIDENTIAL FAX COVER SHEET Date: May 13, 2011 To L. Randall Yazbeck Fax No.: (972) 980-8278 John Helms Fax No.: (214) 800-2057 Charles Frederiksen Fax No.: (972) 419-8329 Ritch Roberts Fax No.: (972) 468-9455 From: Evelyn Yaeger Page(s), Including Cover: 2 No. 10-01167; Sierra Investment Associates v. Wilson Office Re: Cause Interiors, LLC., The Wilson Group, Ltd., Robert B